This archive report was first published on 29 June 2019.
A three-judge bench has found that the National Land Commission (NLC) misled government officials, resulting in the irregular payment of Sh1.5 billion to businessman Francis Mburu for land that is actually public property, as reported on June 29, 2019.
The court determined that the land on which Drive Inn primary and Ruaraka secondary schools stand is indeed public land and cannot be subject to compulsory acquisition. Justices Elijah Obaga, Benard Eboso, and Kossy Bor stated,
“It is therefore our finding that the two schools sit on public land. It is our further finding that the land on which the two schools sit could not be subject to compulsory acquisition,”
in their ruling.
Background and Investigation ¶
The Ethics and Anti-Corruption Commission (EACC) investigated the matter and discovered that the NLC had irregularly awarded compensation of Sh3,269,040,600 to two firms associated with Mr. Mburu. The EACC found that NLC chairman Mohammad Swazuri arrived at the compensation figure before the actual valuation of the land occupied by the schools was carried out.
In 2017, the NLC moved to court to determine whether the land was private or public. However, the court found that the alleged compulsory acquisition was illegal, as land that is already public cannot be compulsorily acquired. The Treasury had authorized the Education ministry to spend Sh1.5 billion in the compulsory acquisition of the land, with the balance to be paid in the next financial year.
History of the Land ¶
The two companies associated with Mr. Mburu purchased the property in December 1981 from a firm known as Joreth Limited. In 1983, the companies made an application to the City Council of Nairobi for sub-division of the property. In 1984, Mr. Mburu, as the managing director of Drive-In Estate Developers Limited, confirmed to the Commissioner of Lands that there would be no objection to the surrender of the portions if a guarantee was given that the City Commission would develop the sites of the schools without delay.
Consequences and Response ¶
The court's ruling has significant consequences, as it implies that the payment made to Mr. Mburu was irregular. The EACC has called for any further payment to be stopped and is pursuing the recovery of the Sh1.5 billion already paid to the businessman. The ruling also raises questions about the actions of government officials and the NLC in the handling of the land acquisition and payment process.
